Apr 17 2017

Information in a declaration was provided by former Piedmont Mayor Alice Creason stating a (change of use) reclassification, such as for the Commercial Zone, without voter approval does not adhere to Piedmont’s City Charter. The declaration was sent to the City Council, Planning Commission, Planning Director, City Administrator, and City Attorney.  Creason noted she was on the City Council when the Charter was drafted and approved by Piedmont voters.  She states the intent and wording of the Charter require Piedmont voter approval prior to changing the use/reclassification of any Piedmont zone. 

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Zoning rules – setbacks, building heights, parking, apartment units, etc. –  for the Commercial Zone on Grand Avenue are in the development stage and two meetings are being held for public involvement.   The zoning rules for Piedmont’s Civic Center Commercial Zone have already been approved by the City Council.  

No recordings or broadcasts of the workshops are scheduled, however participants may make their own recordings of the proceedings. 

Read the prior PCA article on zoning changes  >here. 

The City’s recommended revised changes to the Commercial Zone on Grand Avenue can be read here.

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The Piedmont Planning Department notice is below.

The City of Piedmont will hold two community workshops to consider the Planning Commission’s recommended revisions to the regulations for the thirteen properties along Grand Avenue that are in the City’s commercial/mixed-use zone (Zone D). The regulations under consideration are those related to structure and landscape coverage, building height, setback requirements, and parking. In addition, city staff will introduce a recommended revision to the density of multi-family dwelling units allowed in Zone D.  The second workshop will be a follow-up to the first workshop. The schedule and location for the two community workshops are as follows:

First Community Workshop

Wednesday, April 19, 2017, 6:00 p.m.

Kehilla Community Synagogue, Fireside Room

1300 Grand Avenue, Piedmont, CA 94610

Follow-Up Community Workshop

Wednesday, May 3, 2017, 6:00 p.m.

Kehilla Community Synagogue, Fireside Room

1300 Grand Avenue, Piedmont, CA 94610

One can find more information on the recommended revisions to the regulations for the City’s commercial/mixed-use zone (Zone D) by visiting the City’s webpage on the topic.

You are encouraged to provide your comments by attending the workshop and/or by submitting written comments by Monday, April 17, 2017. You can submit your comments to: kjackson@ci.piedmont.ca.us or on paper to 120 Vista Avenue, Piedmont, CA 94611

Kevin Jackson, AICP, Planning Director, City of Piedmont, 120 Vista Avenue, Piedmont, CA 94611

Tel: (510) 420-3039     Fax: (510) 658-3167

Read the full PCA article on zoning changes and declaration  >here.

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Editors Note:  A quorum of the Planning Commission is not expected at either workshop, as the workshops are not Planning Commission meetings. Planning staff members will be present at both workshops.

For other PCA reader’s information, comments may be submitted below.

Apr 17 2017

A few Piedmonters tried the new nighttime bus service to Piedmont from BART in its first two weeks of service.  One rider described it as a “private limousine” when there were no other passengers. At the end of the second week, use picked up.  According to a Piedmont couple returning from an evening at the San Francisco Ballet at the end of the second week, there were eight passengers on the 10:30 p.m. bus from BART’s 12th Street Oakland City Center station. To the couple’s surprise, they were at home at the same time they normally arrive when driving from the Rockridge BART station parking lot.

The new Bus 33 nighttime service to Piedmont from BART and downtown Oakland restaurants and theaters will allow Piedmonters to enjoy cultural events and entertainment car-free and return home until midnight Monday through Saturday and until 11 p.m. on Sunday.

See Bus 33 map & schedules > here.

Has the Piedmont Climate Action Plan Task Force ridden the new Bus 33 yet?

Read about the new bus service to Piedmont > here.

Apr 9 2017

Changes impact Second Units that are now called Accessory Dwelling Units (ADUs).

Governor Jerry Brown signed into law changes to Government Code Section 65852.2 (see below) in September 2016 materially limiting parking requirements for the development of Second Units and further enhancing ministerial approval of building permits, bypassing the community and its elected representatives. Piedmont’s ADU code has grown awkwardly with additions in 2003 and 2016 piled on top of the 1983 original language, resulting in numerous contradictions and conflicts.

When Piedmont’s Chapter 17 was recently (March 2017) approved by the City Council and Planning Commission, there was no indication in the volume of documents informing either the Council or Commission that the action they were taking would be impacted by the already in effect (January 2017) State law Government Code Section 65852.2

The new staff proposal is to revise the revised April 2017 Chapter 17 zoning laws which relaxed building requirements such as setbacks, lot size, parking requirements facilitating additional housing within existing houses and structures. 

Residents vary in their opinions regarding housing expansion in Piedmont through Accessory Dwelling Units (ADUs)/ Second Units.  Many like the changes as a way to stay in their homes as they age or add income through rentals plus allowing Piedmont to meet regional housing needs.  Others question the unassessed and unevaluated impact on public services, neighborhood quality, density, parking needs, community support, and traffic impacts. 

65852.2 includes permission for cities:

… a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.

Piedmont’s proposed code states:

Parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any required replacement parking spaces may be located in any configuration on the lot. (Gov’t. Code §65852.2 (a)(1)(D)(xi).)

[No setback is required for an existing garage.]

b. Setbacks. No setback is required for an existing garage that is converted to an accessory dwelling unit. If an accessory dwelling unit is constructed above an existing garage, the minimum setback is five feet from the side and rear lot line. (Gov’t. Code §65852.2 (a)(1)(D)

(7).)3. Owner occupancy. Except for an exempt accessory dwelling unit, the owner of an accessory dwelling unit must occupy either the primary unit or the accessory dwelling unit, if both units are used for habitation. The owner must record with the County Recorder a declaration of restrictions, in a form provided by the city.

 Staff is given authority by state law to make decisions on projects without public input or notification.

QUESTIONS:

  • Will the City have to add more staffing to oversee affordable unit compliance?
  • Some City’s require affordable units to remain affordable for 20 years rather than Piedmont’s term of 10 years. Why did Piedmont pick a 10 year term for affordability?.
  • Once a unit no longer falls into the affordable category will the forgiven parking requirement continue to be forgiven or will existing units have to return for a new permit level?
  • Does the City have adequate public services for increased demands – street widths, parking needs, public safety, and city staffing?
  • Will Piedmont taxpayers be required to pay more for the increase in public services or will the new units be taxed to cover expenses?
  • How many ADU units are projected in Piedmont?
  • How will the units be taxed ?
  • Why wasn’t the Council and public informed  of the upcoming changes based on State Law 65852.2 before approval of the redoing of Chapter 17  by the Council and Planning Commission that lessened parking requirements for existing properties, such as parking sizes, covered parking requirements, allowing tandem parking, etc.. ?
  • If a garage is removed, must the existing house meet their parking requirements?
  • Can an accessory structure be built on the property line and then converted to an ADU?
  • What measures will the City use to identify traffic or safety when applications are presented?
  • If there is no notice procedure, how is a neighbor to know if an application has been filed or how to appeal a decision?
  • How will the City know when a neighborhood is overly impacted with additional traffic issues from ADUs?
  • What will the application and permit fees be for an ADU?
  • What has happened to Piedmont’s covered parking requirements?
  • Will ADUs be reappraised for County property tax purposes?
  • Since the School District only taxes parcels, does this mean ADUs will not be taxed for School Bond measures and voter approved extra property taxes?
  • Did the City Council take a position on State Law 65852.2 when it was being considered by the legislators and governor?

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City Planning Department announcement:

Planning Commission to Discuss Accessory Dwelling Units (ADUs)

CONSIDERATION OF AN ORDINANCE REVISING THE REGULATIONS FORACCESSORY DWELLING UNITS IN CITY CODE CHAPTER 17

The Commission will hold a hearing to consider an ordinance to revise City Code Chapter 17 regarding the regulations for Accessory Dwelling Units (ADUs). The proposed revisions are in response to the changes to Government Code Section 65852.2 resulting from the enactment of Assembly Bill 2299 and Senate Bill 1069. These changes limit a local jurisdiction’s ability to regulate Accessory Dwelling Units (ADUs), also known as Second Units. The provisions affected by the changes to State law include, but are not limited to, off-street parking requirements, unit size limitations, and application approval timelines. The State laws permit cities to adopt ADU ordinances as long as the ordinance is consistent with the State laws and imposes certain local standards. The Commission may take action to make a recommendation of adoption to the City Council. The proposed amendments do not constitute a “project” within the meaning of CEQA, and therefore are exempt from CEQA, pursuant to Public Resources Code section 21065 and CEQA Guidelines, 14 Cal. Code of Regulations section 15378.

Mon., Apr. 10th – 5:00PM

[ADU’s will be considered at the beginning of the meeting]  held in the
City Council Chambers – City Hall

The meeting will be broadcast on Cable Channel 27 and from the City website under videos.

In September 2016, Governor Jerry Brown signed into law changes to Government Code Section 65852.2 resulting from the enactment of Assembly Bill 2299 and Senate Bill 1069. These changes limit a local jurisdiction’s ability to regulate Accessory Dwelling Units (ADUs), also known as Second Units. The provisions affected by the changes to state law include, but are not limited to, off-street parking requirements, unit size limitations, and application approval timelines. The State laws permit cities to adopt ADU ordinances as long as the ordinance is consistent with the State laws and imposes certain local standards. Click to Government Code Section 65852.2.

City staff has prepared draft proposed revisions to the regulations in the City Code related to Accessory Dwelling Units. The revisions are included and outlined in a report to the Planning Commission that the Commission will consider during their regular meeting on April 10, 2017. The Planning Commission’s responsibility is to make a recommendation that will be considered by the City Council, which is the decision-making body. As required by the City Code, public notification will be provided for all Planning Commission and City Council meetings during which the code revisions are to be considered. Click to read the staff report on this topic.

Residents are invited to engage in this process. Interested members of the public are encouraged to read the staff report and attend the Planning Commission’s meeting scheduled for 5 p.m. on April 10, 2017 in City Hall, 120 Vista Avenue. Written comments and requests to receive email notification of activities related to revisions of City Code provisions related to Accessory Dwelling Units should be sent to Planning Director Kevin Jackson at kjackson@ci.piedmont.ca.us. Comments on paper can also be submitted by hand or by mail to the Piedmont Planning Commission,120 Vista Avenue,Piedmont,CA 94611. 

Interested individuals may also send comments to > editors@piedmontcivic.org  allowing others to read comments on this site also see comment section below. The comments sent to PCA are not forwarded to the City for consideration. 

Read the full staff report, which includes the proposed ordinance at the end.  Click > here.

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The January 2017 State law controlling second units/ ADUs is below:

65852.2.   (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in single-family and multifamily residential zones. The ordinance shall do all of the following:

(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety.

(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places.

(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction.

(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot.

(D) Require the accessory dwelling units to comply with all of the following:

(i) The unit is not intended for sale separate from the primary residence and may be rented.

(ii) The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling.

(iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.

(iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet.

(v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet.

(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

(vii) No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

(viii) Local building code requirements that apply to detached dwellings, as appropriate.

(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.

(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway.

(II) Off­street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.

(III) This clause shall not apply to a unit that is described in subdivision (d).

(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency requires that those off­street parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d).

(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

(3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001–02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.

(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.

(5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision.

(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use that contains an existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.

(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision.

(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives its first application on or after July 1, 1983, for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving the application.

(c) A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.

(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:

(1) The accessory dwelling unit is located within one-half mile of public transit.

(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.

(3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

(5) When there is a car share vehicle located within one block of the accessory dwelling unit.

(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.

(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).

(2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.

(A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge.

(B) For an accessory dwelling unit that is not described in subdivision (e), a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.

(h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption.

(i) As used in this section, the following terms mean:

(1) “Living area” means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

(2) “Local agency” means a city, county, or city and county, whether general law or chartered.

(3) For purposes of this section, “neighborhood” has the same meaning as set forth in Section 65589.5.

(4) “Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:

(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.

(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.

(5) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

(j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.

(Amended by Stats. 2016, Ch. 735, Sec. 1.5. Effective January 1, 2017.)

Apr 9 2017

Seniors will be required to move their carts to the curb unless they pay an additional fee.  Waste services for City of Piedmont and Schools will continue  to be paid with resident fees. – 

At the March 3, 2017 Council meeting, the City Council agreed to a Request for Proposals (RFP) for a new waste collection provider.  The current waste collector, Republic Services of Richmond, had told the City they wanted an increase in the fees.  Hence, the City hired a consultant, contributed hours of staff work, held community meetings, and approved the RFP, which allows further negotiations with the City.

Seniors – 

Seniors will be required to pay an additional charge based on distance from cart locations to the curb and any change in elevations.  Individuals certified to be unable or disabled to transfer carts to the curb will not be additionally charged.

Piedmont’s RFP does not include a senior exemption in the RFP, because Piedmont’s attorney, Michelle Kenyon, advised that State laws do not allow the City to give preferential treatment to seniors requiring other ratepayers to cover their extra service.  As has been presented to the Council and City Attorney, numerous other cities do not require seniors age 62 and over to haul their carts to the curb. Presumably, when cities first started requiring carts to be placed at the curb, consideration was given to seniors who enjoyed backyard service at the same rate as all others, who enjoyed rates reduced by placement of carts at the curb.

The City and Schools are provided free service through the fees Piedmont residents pay.  

Concern was expressed that the Schools do not recycle all of their waste, harming Piedmont’s recycling goals.  Communication with the schools was mentioned in the discussions.

Recycling is threatened by a reduction in the number of carts provided at no additional charge.

Piedmont’s current contract allows unlimited recycling.  This is likely to change with a new contract based on an additional charge for additional carts.  It was suggested residents will place recyclables in their black can rather than pay for additional recycling carts.

Bulk pickups are reduced in volume, but will remain at 4 per year.

More money will accrue to the City through an additional franchise fee on the waste collection provider as well as annual Service Rate Adjustment payment  and Performance Review Payment.

The funds to cover the many new tasks assigned to the City through the contract are not clearly identified or known.  New tasks, include arbitrating rates, determining distances and elevations in regard to backyard rates, and certifying those who are disabled or unable to place carts at the curb. Oversight of the collector will be necessary.

Many Piedmonters have expressed pleasure with Piedmont’s current level of service.  Others have questioned the high fees currently charged.

Despite many iterations and considerations, the RFP appeared open ended and available for negotiations making it impossible to know at this point what the ultimate result will be.

Comments may be sent to the Council via either kjackson@ci.piedmont.ca.us. or jtullock@ci.piedmont.ca.us..

Readers may also send their comments to editors@piedmontcivic.org for publication or enter below.

Apr 9 2017

Will the Post Office near Piedmont Avenue continue to function after 2018? The Piedmont Avenue Neighborhood Improvement League (PANIL) reports that the rented site attracted the interest of a developer:

“A developer has come forward with a plan to build condos for “empty nesters” on the site of our heavily used U.S. Post Office at 195 – 41st Street. The proposal requires Design Review and permits for condos from the city’s Zoning Department. No formal application has been submitted as of January 31, 2017, but both of those permissions will involve public notification and public comments, possibly in the next month. The post office’s lease runs until some time in 2018.”

PANIL has organized a campaign to keep the local post office and encourages users to  Sign the petition online or   download the petition as a PDF

Piedmont Mayor, Jeff Wieler can be contacted at: jwieler@ci.piedmont.ca.us

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The Postal Service has been selling off post office locations across the country for several years. In April 2015 the Postal Service gave up its plan to sell the historic post office on Allston Way in Berkeley, California.Berkeley’s Opponents Prevented the Sale of its Main Post Office

A lawsuit had been filed by the City of Berkeley and the National Trust for Historic Preservation in 2014.  The complaints argued that the Postal Service had failed to comply with federal historic preservation and environmental protection laws (NHPA and NEPA) prior to entering into a contract for sale of the building. U.S. District Court judge William Alsup dismissed the lawsuits on the ground that they were moot after the Postal Service agreed to his requirement that it make a binding commitment to rescind its decision to relocate retail services and to confirm that the building is no longer for sale.

Apr 9 2017

City Restores Vehicular Access to Cavendish Lane Within 24 Hours of an Agreement with Oakland to Allow Temporary Repair of Rain Damaged Roadway – 

April 4, 2017  Press Release from the City of Piedmont

On Saturday, April 1st, the City of Piedmont implemented a temporary repair on Cavendish Lane, a street owned and maintained by the City of Oakland. This repair allows four Piedmont residents to drive to their homes, which they haven’t been able to do since mid February. The City of Piedmont accomplished this task within 24 hours of Oakland signing an agreement to allow Piedmont to implement the repair.

In February, it was discovered that an approximately forty foot stretch of Cavendish Lane had been undermined approximately thirty inches. Upon finding this structural deficiency, the City of Oakland immediately closed this portion of Cavendish Lane to all vehicular traffic. This closure forced the inhabitants of the four Piedmont homes to park their vehicles on Park Boulevard and walk 1/3 of a mile over hilly terrain to access their homes.

As soon as the closure was implemented, the City of Piedmont began working with Oakland to come up with a temporary solution that would allow these residents to access their homes again. Piedmont, at its own expense, developed a temporary solution using steel plates, which would allow passenger cars to travel over the closed section of the road without posing a safety risk or causing further damage to the roadbed.

In early March, Piedmont’s Public Works Department and City Engineer presented this plan to the City of Oakland and requested the ability to implement it on the roadway owned by Oakland. The two cities began negotiating with regard to the project, and these negotiations stretched on for several weeks.

Representatives of the two cities met on Thursday, March 30th, to hammer out final details of the project. The following day, Friday, March 31st, at 5:00 p.m., the City of Oakland signed the agreement allowing the City of Piedmont to implement the repair. The following morning, crews contracted to the City of Piedmont were working on the repair. By 5:00 p.m., 24 hours after receiving word from Oakland that the work could take place, it was completed and the residents were able to again drive to their homes.

“We would like to thank our counterparts at the City of Oakland for allowing Piedmont, at our own cost, to implement this temporary fix and allow our residents to again access their homes,” said City Administrator Paul Benoit. “The past six weeks have been trying for the affected residents of Cavendish Lane and we are pleased that our efforts afforded them long-awaited access to their homes. I’d also like to thank City Attorney Michelle Marchetta Kenyon and Assistant City Attorney Chad Herrington for their diligent work on this matter.”

“Over the past weeks, the City Engineer and City Attorney have spent many hours working to find a solution to this issue that would satisfy the City of Oakland,” said Director of Public Works Chester Nakahara. “I’d like to thank City Engineer John Wanger as well as Miller Pacific Engineering for designing a temporary repair that could be implemented quickly and would allow these residents to access their homes again. I’d also like to thank Pacific General Engineering for implementing the temporary fix so quickly.”

The City of Piedmont will inspect the temporary fix daily to ensure that no further damage to the roadway will occur. The Cities of Oakland and Piedmont will now begin negotiations on a permanent fix to the undermining of the roadway.

For additional information contact City Clerk John Tulloch at:

420-3040

 

Apr 6 2017

Alameda County is seeking applications for residents for the Civil Grand Jury. The Civil Grand Jury is the County’s citizen watchdog group investigating local government operations and citizen complaints.  

Download the application for here and submit it by April 15, 2017.

For more information on what the Civil Grand Jury does, see description here.

Please contact Cassie Barner at (510) 208-9855 with questions about the Civil Grand Jury.

Apr 2 2017

Reduced services compared with current waste contract include:

  • End to unlimited recycling in bins.  
  • City employees determine who gets charged for disabled backyard service,  generating privacy rights issues.
  • City employees determine distance and elevation for backyard pickup when challenged by residents.
  • City to receive additional funds from the waste collector while assuming new staff work.

After learning about the proposed contract, some residents expressed concerns are:

  • More work added for City employees with operational costs not evaluated on the long term- retirements, medical, and other employment financial obligations.
  • An invasion of residents’ privacy as City employees determine who has a disability or who is unable to place and retrieve their bins at the curb.
  • The technical task assigned to City staff of evaluating distances and elevations between the bin location in backyard and curb, creating a new cost for the City.
  • Residents decry the idea of massive amounts of bulk waste potentially being placed on the street at a specific time/date, offering an invitation to those from all over the area to come to Piedmont as scavengers.
  • Reduced services will discourage routine cleanup and proper disposal of refuse.
  • Contract changes appear to benefit the City staff rather than the residents.
  • Residents were happy with the current contract work provided by Republic Services.

At the City Council meeting on Monday, April 3rd, the Council will be asked to consider approval of the waste collection/garbage services RFP, which, if approved, will be released on Monday, April 10th. The terms of the waste collection services RFP have been changed from the original the community was asked to comment on.  (See the original draft RFP here and the new staff prepared report and revised RFP here.)

Does the RFP  put too great a burden on City staff by involving them in individual resident’s waste collection and bin location?

The final draft RFP to be considered by the Council on April 3 requires the City staff to get heavily involved in the provision of individually tailored collection services to each resident of Piedmont.  The staff would determine the disability status of any disabled resident.  In order to peg the backyard pickup fee to specific conditions, the staff would have to measure the distance from the curb to residents’ waste barrels in their backyards. Further, staff would calculate the change in elevation involved since the fee for backyard pickup would no longer be flat but would reflect individual distance/height to the curb for those choosing backyard pickup.

The current practice under the existing service contract is to charge an additional flat fee for backyard pickup instead of curbside pickup of waste.  A flat additional fee for backyard pickup does not reflect the variety in yard sizes so some pointed out the discrepancy in waste removal effort and time involved from residence to residence. Others note that a flat fee is simpler and cheaper for everyone since tailoring the backyard surcharge to each residence involves extensive and expensive administration.

The contract as drafted will increase the requirements for hiring and paying City staff to be involved in many aspects of the contract including considering applications for disabilities, measuring distances from curbs and elevations, and other on-going aspects of the contract.  No information on the additional cost to the City and taxpayers is noted in the report.

The City will receive payments in five different categories from the waste collection services provider:

  • Reimbursement for the Procurement Process 
  • Transition Payment
  • Franchise Fee
  • Annual Service Rate Adjustment payment
  • Performance Review Payment

Some of the service modifications from current services:

  • City employees, rather than the contractor, will determine a Piedmont resident’s disabled eligibility for backyard pickup at curbside rate.
  • In the case of disputes between the service provider and Piedmont customer about the distance/elevation charge for backyard pickup, the City will determine the distance/elevation to backyard trash location.
  • Fewer bins provided unless customers pay an additional monthly fee.
  • Green waste beyond the capacity of the green bin will be collected in compostable bags (containing no greater than 50 pound weight) rather than additional bin according to the RFP:

    “Provisioning  of green waste overage bags (compostable bags) by contractor to be distributed by mail or at Piedmont City Hall and to be provided and collected from residents at no additional cost to residents.”

There are other changes, too numerous and complex to describe here, however, for the industrious reader the staff report is here.

The Council meeting is open to the public.  The agenda is here. 

Those wishing to state their views to the Council without attending the Monday, April 3 meeting, can send an email to the City Council via City Clerk John Tulloch by clicking >  jtulloch@ci.piedmont.ca.us .

The meeting at City Hall begins at 7:30 p.m. and will be broadcast live on Channel 27 and via the City website under videos.